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在既判力的客观范围方面,一般认为只有判决主文中的判断具有既判力,而判决理由中的判断没有既判力,但由于判决理由与判决主文存在十分密切的联系,在国外民事诉讼理论与实务中,存在既判力向判决理由中判断扩张的理论、争点排除规则和争点效理论。从我国民事诉讼的实际情况来看,虽不能直接肯定判决理由中的判断具有既判力,目前也不能赋予判决理由中的判断产生拘束力,但在对当事人的程序保障达到很高的程度时,可以赋予判决理由一定的拘束力。
In the objective scope of the res judicata, it is generally considered that the judgments in the main text of the judgment have the res judicata and the judgments in the reasons for the judgments have no res judicata. However, due to the very close connection between the reasons for the judgments and the main text of the judgments, in the theory and practice of civil litigation abroad, Res judicata to judge the reasons for the expansion of the reasons for the exclusion of the rules of exclusion and controversy effect theory. Judging from the actual situation of civil lawsuit in our country, although the judgments in the grounds of the verdict can not be directly affirmed and the judgments in the reasons for the judgments can not be given binding force at present, when the procedural safeguards for the parties reach a very high level, Given the reasons for the verdict of the binding.